| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Arthur A. Omartian | Member |
APPLICANT REQUESTS: That his lieutenant colonel (LTC) promotion orders, dated 9 May 2000, be amended to change his date of rank (DOR) from 12 April 2000 to 1 May 1999.
APPLICANT STATES: According to Title 10, section 14304, the maximum time-in-grade (TIG) for promotion from captain (CPT) to major (MAJ) is 7 years. He was promoted to CPT on 1 May 1985 and MAJ on 22 May 1993. This totals
8 years and 21 days TIG for CPT. He requests his DOR for MAJ be changed from 22 May 1993 to 1 May 1992, 7 years from promotion to CPT, and that his DOR for LTC be changed from 12 April 2000 to 1 May 1999.
EVIDENCE OF RECORD: The applicant's military records show:
That he was commissioned as a second lieutenant in the Army Reserve on
23 May 1981. He was called on active duty on 25 September 1981. On 1 May 1985, he was promoted to CPT with a DOR of 1 May 1985. On 30 September 1992, he was released from active duty and transferred to the U. S. Army Reserve Control Group (Reinforcement). On or about 8 February 1993, he was assigned to a Reserve Troop Program Unit, Headquarters, 926th Engineer Group. He was placed on Active Guard Reserve (AGR) duty on 27 August 1995.
He was considered and selected for promotion to MAJ by the 1994 Army Reserve Components Selection Board. He was promoted to MAJ, effective
1 March 1995, with a DOR of 22 May 1993. These actions occurred prior to the 1 October 1996 implementation of the Reserve Officer Personnel Management Act (ROPMA) as provided, in part, in Title 10, U. S. Code, section 14304.
The applicant was promoted to MAJ under the provisions of Army Regulation 135-155 (Army National Guard and Army Reserve, Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), in effect at the time. Paragraph 4-15 stated that an officer’s DOR is his promotion eligibility date (PED), the date that the officer meets the eligibility criteria for promotion to the next higher grade. The officer must meet the mandatory service requirements as stated in tables 2-1 and 2-1.1. Table 2-1 shows that for promotion to MAJ, the required TIG as a CPT is 7 years and the required time in service is 12 years total. For the applicant, 7 years TIG as a CPT was 30 April 1982, and 12 years time in service was 22 May 1993.
ROPMA was implemented on 1 October 1996. ROPMA, as stated in Title 10,
U. S. Code, provides in pertinent part, that a MAJ would be eligible for consideration for promotion to LTC at a maximum of 7 years of service in grade as a MAJ. For the applicant, 7 years service in grade or TIG as a MAJ was
21 May 2000. This date is called the PPED (Prospective Promotion Eligibility
Date). An officer will be considered by a promotion board far enough in advance of completing maximum years of service in grade, the PPED, so that if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years in service. Promotion cannot be before the date that the promotion board recommendations are approved. Promotion can be before the PPED if the officer is serving in a position in the next higher grade on the date that the promotion board recommendations are approved.
The applicant was considered for promotion to LTC by the 1999 LTC Army Reserve Mandatory Promotion Board which convened on 8 September 1999. The board adjourned on 8 October 1999 and its recommendations were approved on 12 April 2000. The applicant was serving in a position authorized a LTC as an Engineer Organization Integrator in Headquarters, United States Army Reserve Command, Fort McPherson, Georgia. He was promoted to LTC on
12 April 2000 with a DOR of 12 April 2000.
The Office of Promotions, Reserve Component, U. S. Total Army Personnel Command, St. Louis, provided an advisory opinion that the applicant’s DOR and effective date for CPT, MAJ, and LTC are correct in accordance with the applicable regulations and ROPMA. The applicant was provided an opportunity to rebut the advisory opinion. He did not respond within the established suspense.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. That the applicant’s DOR and promotion effective date for CPT and MAJ are correct and in accordance with Army Regulation 135-155 in effect at the time. These promotions occurred prior to the implementation of ROPMA and are not subject to the provisions of ROPMA.
2. That the applicant’s DOR and promotion effective date for LTC, 12 April 2000, are correct and in accordance with ROPMA and Title 10, U. S. Code, in effect at the time.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__wm___ ___cg___ __ao____ DENY APPLICATION
| CASE ID | AR2001059600 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011101 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 102.07 – Date of Rank |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003084771C070212
The effective date and date of promotion of non-unit USAR officers will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer meets MYIG, whichever is later [emphasis added]. The opinion stated that the applicant was selected for promotion to LTC by the 1999 DA Reserve Components Selection Board with a promotion eligibility date of 23 February 2000, and was subsequently promoted by promotion memorandum, dated 9 May 2000,...
ARMY | BCMR | CY2002 | 2002067195C070402
The applicant requests, in effect, that his date of rank (DOR) for promotion to major (MAJ) under the Reserve Officer Personnel Management Act (ROPMA) be corrected from 19 July 2000 to 28 June 2000. Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers who are on the Reserve Active Status List (RASL) shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a), a Reserve Component Selection Board (RCSB) far enough...
ARMY | BCMR | CY2001 | 2001066258C070421
The opinion also stated that since the applicant met the time in grade (TIG) requirement on 25 June 1999, it is recommended that he be issued a corrected promotion order with a DOR of 25 June 1999, and an effective date of 3 January 2000. Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers who are on the Reserve Active Status List (RASL) shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a), a Reserve...
ARMY | BCMR | CY2001 | 2001062370C070421
After being commissioned as a USAR CPT, the next available Department of the Army Reserve Components Mandatory Promotion Selection Board (RCSB) for MAJ convened on 24 March 1998. The applicant was first considered for promotion under ROPMA by the 2 March 1999 RCSB for MAJ and was selected for promotion on this first consideration. The applicant's MAJ promotion effective date and DOR of 3 January 2000, the date that the 1999 RCSB recommendations were approved, are correct.
ARMY | BCMR | CY2008 | 20080019716
This HRC-St. Louis promotion official stated that the applicant was REFRAD and transferred to the USAR on 12 May 1999, prior to his promotion eligibility date (PED). The HRC-St. Louis, Chief, Special Actions Branch, Office of Promotions, RC, further states that had the applicant been assigned to a higher graded position upon his 12 May 1999 discharge from the RA and transferred to the USAR he would have been eligible for promotion to CPT on his PED of 1 July 1999, or had he remained...
ARMY | BCMR | CY2012 | 20120007083
The applicant requests: * the "1994" (i.e., 1996) nonselection letter be removed from his Army Military Human Resource Record (AMHRR) * his date of rank (DOR) to captain (CPT) be restored to 1996 * his DOR to major (MAJ) be adjusted * he be promoted to lieutenant colonel (LTC) * any non-mandatory education requirements such as the Command and General Staff Officers Course (CGSOC) be waived for promotion to LTC, if necessary 2. His records contain a memorandum, dated 1 March 1996, issued by...
ARMY | BCMR | CY2012 | 20120005898
Because this regulatory degree requirement did not provide an exception for officers who were appointed to the rank of CPT before 1 October 1995, it failed to implement the baccalaureate degree exception that is required by Title 10, USC, section 12205(b)4. c. The SSB recommended him for promotion to MAJ and informed him that he had one of the following options depending on his current status: * if he had been discharged or retired, he could request voidance of the discharge or retirement...
ARMY | BCMR | CY2001 | 2001060223C070421
The applicant requests, in effect, that her date of rank (DOR) for promotion to major (MAJ) under the Reserve Officer Personnel Management Act (ROPMA) be corrected from 31 August 1998 to 20 May 1998. Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing a specified maximum years (time) in grade (MTIG), so that if the officer is selected for promotion,...
ARMY | BCMR | CY2009 | 20090020760
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her records as follows: * Award of 8 years and 11 months of constructive service credit (CSC) in order to establish her promotion eligibility to major (MAJ) as March 2001 * Adjustment of her date of rank (DOR) as a MAJ to an appropriate date to put her in the zone for promotion to lieutenant colonel * Correction of her education error * Informing the U.S. Army...
ARMY | BCMR | CY2010 | 20100000918
The applicant's military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 23 May 1992 and entered active duty. The Chief, Personnel Division, NGB, further indicated that because the applicant was promoted to CPT on 1 June 1996, was selected for promotion to MAJ by a mandatory selection board on 4 April 2003, was mobilized to Afghanistan on 5 August 2003, was released from active duty on 4 August 2004, and resigned his commission on 15 March...